Papoutsis v. NOV Trans. Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (O’Donoghue, J.), dated August 13, 2002, which, upon granting the defendants’ separate motions pursuant to CPLR 4401 for judgment as a matter of law at the close of the plaintiff’s case, is in favor of the defendants and against her dismissing the complaint.

Ordered that the judgment is reversed, on the law and as a matter of discretion, with costs, the motions are denied, the complaint is reinstated, and a new trial is granted.

It is undisputed that on two occasions…